Sami Omar Al-Hussayen

Sami Omar Al-Hussayen, a native of Saudi Arabia and former graduate student in Computer Science at the University of Idaho, is a Webmaster who was acquitted of charges that he ran Web sites which supported terrorism.cite news
url=http://news.findlaw.com/hdocs/docs/terrorism/usalhussyn304sind2.pdf
title=USA v. Sami Omar Al-Hussayen
publisher=United States Department of Justice
author=
date=March 2004
accessdate=2008-03-25
quote=] Al-Hussayen was defended online by the Electronic Frontier Foundation.Infobox WoT detainees
subject_name = Sami Omar Al-Hussayen


image_size = 175px
image_caption = ifdc|1=

date_of_birth = Birth year and age|1973
place_of_birth = Saudi Arabia
date_of_death =
place_of_death =
detained_at = Idaho
id_number =
group =
alias =
penalty = acquitted
status = deported
occupation = Professor of Computer Science
spouse = yes
parents =
children = yes

Arrest and Charges

Al-Hussayen was arrested at in late February 2003 in the town of Moscow, Idaho.cite news
url=http://query.nytimes.com/gst/fullpage.html?res=9B06E4D9113AF934A15757C0A9629C8B63&sec=technology&spon=
title= Computer Student on Trial Over Muslim Web Site Work
publisher=New York Times
author=Timothy Egan
date=April 27 2004
accessdate=2008-03-25
quote=Mr. Dickinson said he was interviewed by the F.B.I. for several hours after Mr. Hussayen's arrest in February 2003. "They kept saying his Ph.D. program was a front and that the person I knew was only the tip of this monstrous iceberg," he said. "But I've yet to hear one thing the government has said since then that has made me question his innocence."]

There were two cases against him - one a federal case and the other an immigration related one.

For the federal case, he was initially charged with seven counts of visa fraud, and four counts of lying to officials. All charges stemmed from his alleged work as a webmaster, as foreign students on student visas in the United States of America are not allowed to work for employers not situated on their campus. Al-Hussayen maintained that the work he did was purely voluntary, and did not get monetary compensation, and thus could not have violated the conditions of his visa.

He pleaded not guilty to all the charges.

In March 2003, it was ruled that Mr. Al-Hussayen should be set free without bail and remain under house arrest until his trial commenced. However, immigration officials detained him for their case and he was transferred to their custody.

Trials

The immigration hearings took place behind closed doors in the middle of 2003, and it was ruled that Mr. Al-Hussayen was deportable.Fact|date=March 2008

In January 2004, he was charged with two counts of conspiracy to provide material support to terrorists using his skills in computers.

In March 2004, he was charged with conspiracy to provide material support to Hamas - through donation links on Web sites he allegedly maintained. His formal indictments can be seen here.

His trial began in April 2004.cite news
url=http://www.usatoday.com/news/washington/2004-04-14-idaho-case_x.htm
title=Trial of graduate student could test the Patriot Act
page=
pages=
publisher=USA Today
author=
date=April 14 2004
accessdate=2008-03-25
quote=Al-Hussayen, who has denied any wrongdoing, has been charged with a Patriot Act provision that a federal judge in California already has ruled threatens both First and Fifth Amendment rights.] His trial lasted six weeks. The defense called only one witness. He was acquitted of all three terrorism charges, and of three of the eight immigration charges. The jurors deadlocked on the remaining charges, and District Judge Edward Lodgedeclared a mistrial for those remaining charges.cite news
url=http://www.firstamendmentcenter.org/%5Cnews.aspx?id=13352
title=Judge lets jury see online postings justifying suicide bombings
page=
pages=
publisher=First Amendment Center
author=
date=May 14 2004
accessdate=2008-03-25
quote=]

Deportation

After his acquittal at the criminal trial, Al-Hussayen was still imprisoned by immigration authorities, and a few weeks later, agreed not to appeal his deportation order if the prosecution agreed not to retry him for the remaining charges.cite news
url=http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-52/1205975049210730.xml&storylist=newsmichigan
title=Settlement talks fail between al-Kidd, feds
publisher=AP Michigan News
author=Rebecca Boone
date=March 19 2008
accessdate=2008-03-25
quote=A jury acquitted Al-Hussayen of using his computer skills to foster terrorism and of three immigration violations after an eight-week federal trial. But Al-Hussayen was eventually deported to Saudi Arabia.] He was deported to Saudi Arabia in July 2004. His wife and three sons traveled back to meet him, rather than await deportation orders. Al-Hussayen currently lives in Riyadh where he works as an instructor at a technical university, while his wife works as a kindergarten teacher.

Importance of the Case

The Patriot Act authorizes the government to prosecute people if they "provide expert advice or assistance" to terrorist groups, although a January 2004 federal case in California ruled that this violates First and Fifth Amendment rights. [Richard B. Schmitt, Los Angeles Times, "Prosecution by the USA Patriot Act"]

The "USA Today" reported that U.S. District Court Judge Audrey Collinsruled that the Patriot Act's barring "expert advice or assistance" to groups designated foreign terrorist organizations was too vague.The "USA Today" quoted the director of the Martin Institute for Peace Studies and Conflict Resolution and the Martin School of International Affairs at the University of Idaho, Rand Lewis::

References